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DOC #2024-0128987 Page 4 of 13 to provide such service unless and until the Property Owners comply with all such rules and regulations. As a condition of approval of an application for water connection, and prior to receiving any service, the Property Owners agree to pay the full cost of such service as established by City for the extension of utility services to the Property. 3. Agreement to Develop by City Standards. In consideration of City's agreement to provide City water service to the Property, the Property Owners shall develop the Property in accordance with the Redlands General Plan and any applicable development standards of the Redlands Municipal Code. 4. Agreement to Annex. In consideration of City's agreement to provide City water service to the Property, the Property Owners hereby irrevocably consent to annexation of the Property to City and agrees it shall take any and all reasonable and necessary actions, and fully and in good faith cooperate with City, to cause the annexation of the Property to City. Property Owners and City agree that in the event City initiates an annexation of the Property, City shall be responsible for the costs of such annexation. In all other instances where the annexation of the Property is proposed to City, Property Owners shall be responsible for such costs. 5. Payment of Fees. As a condition of receiving domestic water service from City, Property Owners shall pay to City all then -established applicable development impact fees, water acquisition fees, and user fees specifically for such domestic water service. 6. Taxes and Assessments. Property Owners hereby consent to the imposition of, and agrees that Property Owners shall pay, all taxes and assessments imposed and/or levied by City which may be applicable to the Property at the time the Property is annexed to City. 7. Recordation. By entering into this Agreement, Property Owners and City acknowledge and agree that, among other things, it is the express intention of the Parties that any and all successors in interest, assigns, heirs and executors of Property Owners shall have actual and constructive notice of Property Owner's obligations under, and the benefits and burdens of, this Agreement. Therefore, this Agreement and any amendments hereof, shall be recorded in the official records of the county of San Bernardino. Property Owners further agree that City shall, at the sole cost of the Property Owners, have the right to cause the recordation of this Agreement. 8. Breach/Failure to Annex In the event Property Owners fail to comply with its obligations under this Agreement or takes any action to protest, challenge, contravene or otherwise breach any of its obligations or representations under this Agreement, City shall have the right to, without any liability whatsoever, cease the provision of City utility services to the Property. This right shall be in addition to any other legal or equitable relief available to City. 9. Not a Partnership. The Parties specifically acknowledge that Property Owner's development of the Property is a private project, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint -venture or other association of any kind is formed by this Agreement. The only relationship between City and Property Owners is that of a governmental entity regulating the development of private 3 1:\cmo\Agreements\31565 Highland Ave. Agreement for Annexation and Provision for City Utility Services FY23-0066.docx-ms